Conditional Approval and Promulgation of Air Quality Implementation Plans; Colorado; Enhanced Motor Vehicle Inspection and Maintenance Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CO37-1-6688; FRL-5096-5]

Conditional Approval and Promulgation of Air Quality

Implementation Plans; Colorado; Enhanced Motor Vehicle Inspection and

Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is conditionally approving a vehicle inspection and

maintenance (I/M) State Implementation Plan (SIP) revision based on the

Governor's June 24, 1994 commitment to adopt final regulations for

dealership self-testing within one year of the conditional approval. If

this commitment is not met, the conditional approval will automatically

convert to a disapproval. This revision establishes and requires the

implementation of an enhanced motor vehicle inspection and maintenance

(I/M) program in the Denver and Boulder urbanized areas, including all

or part of the Colorado counties of Adams, Arapahoe, Boulder, Denver

County, Douglas, Jefferson. This action is being taken under section

110 of the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule is effective on December 8, 1994.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at United

States Environmental Protection Agency Region 8, Air, Radiation &

Toxics Division, Air Programs Branch, 999 18th Street, suite 500,

Denver, Colorado 80202-2466. Anyone wanting to view these documents

must make an appointment a least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Scott P. Lee, Air Programs Branch,

State Implementation Plan Section (8ART-AP), US Environmental

Protection Agency, Region 8, Denver, Colorado 80202, (303) 293-1887.

SUPPLEMENTARY INFORMATION:

I. Introduction

On July 14, 1994 (59 FR 35875), EPA published a notice of proposed

rulemaking (NPR) for the State of Colorado. The NPR proposed

conditional approval of an enhanced vehicle I/M program in the Denver

and Boulder urbanized areas, including all or part of the Colorado

counties of Adams, Arapahoe, Boulder, Denver County, Douglas,

Jefferson. On January 14, 1994, and on June 24, 1994, Roy Romer,

Governor of the State of Colorado, submitted to EPA enhanced I/M SIP

revisions for the Denver and the Boulder urbanized areas. Public

hearings were held on November 12, 1993, and December 16, 1993, for the

January 14, 1994 SIP submittal, and are to be held on September 15,

1994, for the June 24, 1994, SIP submittal, as detailed in the

Governor's June 24, 1994 letter. More detailed analyses of the State's

submittals are contained in the NPR action as published July 14, 1994.

Other specific requirements of the enhance I/M program and the

rationale for EPA's action are explained in the NPR and will not be

restated here. No public comments were received on the NPR.

II. Final Action

EPA is conditionally approving the Colorado enhanced motor vehicle

I/M program. Conditional approval is based on the State's commitment to

adopt final regulations for dealership self-testing within one year of

final conditional approval. If such conditions are not met by this

date, the conditional approval will automatically become a disapproval.

III. Administrative Review

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

OMB has exempted these actions from review under Executive Order

12866.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by January 9, 1995. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2)) (See 42 U.S.C.

7607 (b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Ozone, Reporting and recordkeeping requirements, Volatile organic

compounds.

Dated: September 14, 1994.

Jack W. McGraw,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart G--Colorado

2. Section 52.320 is amended by adding paragraph (c)(69) to read as

follows:

Sec. 52.320 Identification of plan.

* * * * *

(c) * * *

(69) On January 14, 1994 and on June 24, 1994, Roy Romer, the

Governor of Colorado, submitted SIP revisions to the Implementation

Plan for the Control of Air Pollution. This revision establishes and

requires the implementation of an enhanced motor vehicle inspection and

maintenance program in the Denver and Boulder urbanized areas as

required by section 187(a)(6) of the Clean Air Act Amendments of 1990.

This material is being incorporated by reference for the enforcement of

Colorado's enhanced I/M program only.

(i) Incorporation by reference.

(A) Colo. Rev. Stat. Sections 42-4-306.5--42-4-316 adopted June 8,

1993 as House Bill 93-1340, effective July 1, 1993.

(B) Regulation No. 11 (Inspection/Maintenance Program) as adopted

by the Colorado Air Quality Control Commission (AQCC) on March 17,

1994.

(ii) Additional materials.

(A) SIP narrative and technical appendices 1-20 as corrected and

approved by the AQCC on June 21, 1994. The narrative is entitled

``State of Colorado Motor Vehicle Inspection and Maintenance State

Implementation Plan'', dated December 16, 1993 with technical

corrections.

[FR Doc. 94-27602 Filed 11-7-94; 8:45 am]

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